Hello everyone,
As long as I've been here I should probably know this. What is the age of consent for sexual activities in Sol stories for Canada and the United States. I normally avoid the issue by having all my characters be 18 or over. In an upcoming story, I need them to be younger. I have no wish to go to jail so could you point me to the proper documentation. Thank you. Darian
If you are in the United States, you aren't likely to be jailed for posting a story that violates Canadian law in any case.
As for US law, no mater how young the characters, you can't be prosecuted on a child pornography charge for a story as it's protected by the first amendment. You could potentially be prosecuted on an obscenity charge, but this is rare and the few cases of it happening that I have read about involved not just under-age sex, but violent rape and/or torture of children.
The US Supreme Court originally carved out an exception to the first amendment for child pornography due to the harm done to the children used to produce it. Congress tried to ban virtual child porn (stories, drawings, films using adult performers who look under age) in the late 1990s, but it was overturned by the Supreme Court.
That said, due to Canadian Law, which would allow our host to be prosecuted, the site now has a policy prohibiting stories with characters under 14 in sexual situations.
https://storiesonline.net/author/posting_guidelines.php
#7
Age restrictions: Your work (stories, poems or blog entries) may not contain characters younger than 14 having sex or being in sexual situations (masturbation and nudism are not allowed). In other words, all characters that engage in any sexual activity must be 14 or older. (Stories posted before September 2011 are not subject to this rule, including new chapters to stories that were in-progress when this rule came into effect.)
Canadian law changed in 2011 prompting the creation of this rule.
PS
RE: Age of consent,
In the US, this is established by state law and is not uniform. Depending on what state you are in the age of consent could be 16, 17, or 18 and there may or may not be exceptions for both under age or for close in age with one adult. 16 is the most common under current law and 18 is the least common. This has nothing to do with the age standard for child pornography which is set at 18 by federal law.
So yes, there are states where a guy could go to jail for having a nude photo of a girl he could legally have sex with.
As long as I've been here I should probably know this. What is the age of consent for sexual activities in Sol stories for Canada and the United States. I normally avoid the issue by having all my characters be 18 or over. In an upcoming story, I need them to be younger. I have no wish to go to jail so could you point me to the proper documentation. Thank you. Darian
14
Thank you that was exactly the information I needed I appreciate the quick responses.
Darian
The problem with the age is that there is no one particular age covering all the different states or countries. What is legal in one place is probably illegal somewhere else.
edited to add: That is why I don't judge the age as such in any story. Instead I ask does it fit 1: The cultural standards of the story. 2: Do the ages fit the story's characters and/or plot.
If in ANY DOUBT, send a question to the Webmaster. Include a synopsis of the story.
Lazeez is very approachable on all matters. On this point he is on our side - he would like as few restrictions as possible - and his policies are only those needed to protect the site.
Also note it is not the existence of sexual activity by those under 14 that becomes problematic, it is explicit descriptions of those activities. But a description of someone under 14 watching others have sex is not allowed. That would be describing 'salacious' behaviour by a child.
If in doubt, please ask, to protect us all !
I have found most writers are very careful about these things. I have at times questioned some things and sent my questions to Lazeez. He has been extremely reasonable in solving my questions. Hopefully I have never damaged anyone's reputation since I do it quietly and keep the questions between just the two of us. I have slipped up once or twice and asked publicly but I try not to do that.
Also note it is not the existence of sexual activity by those under 14 that becomes problematic, it is explicit descriptions of those activities. But a description of someone under 14 watching others have sex is not allowed. That would be describing 'salacious' behaviour by a child.
Not quite true. I wrote an entire story, just after the Canadian law was passed, to see what I could get away with. (Hint: it wasn't salacious, as it had a central role in the ongoing plot of the novel.) I skated to the very edge of the line (having a group of kids sitting outside the room as the adults engaged in sex, and teasing them about their actions), but it was allowed since it separated the kids from the actual sex they were making fun of.
However, I wouldn't suggest that anyone else try circumventing the restrictions. I did so, only because I studied the law to determine exactly what was and wasn't allowed, and felt safe that I could get away with my story.
In any case, if it sounds, seems or tastes like a child, don't use it in a story!
In any case, if it sounds, seems or tastes like a child, don't use it in a story!
I would add: When in doubt place the story on hold and ask Lazeez for his opinion. He has proven himself to work with both writers and readers when there are questions. Done right no one gets hurt unnecessarily.
Not quite true.
That WAS my basic point. It is NOT always clear-cut when any character is under 14.
Those here may think they know, but they do not NEED TO KNOW. Lazeez does - and it is HIS ARSE on the line if one of us crosses any boundaries.
Doc and I have both stressed that Lazeez is very helpful and should be asked if there is any doubt whatsoever, and the sooner the better.
At one time, I was quite interested in writing stories set in other cultures. I investigated the (recent past) culture in a section of SW India. I was fairly deep into it when I learned that those girls first had sex just after or just before first menstruation. That's too young for me.
I was fairly deep into it when I learned that those girls first had sex just after or just before first menstruation.
One of the Mexican states has the age of consent set at "puberty".
same here. I have also come to understand the differences between cultures. I also came up with the idea that I can not judge other cultures by the standards of mine. Heck according to their cultures there probably are just as much wrong with mine. Instead I try and learn something from each of them.
Instead I try and learn something from each of them.
Like pedophilia from latin America, sex changes from Thailand, child slavery from ... 'D
Nope although those things do happen. I think of it more in line with a common phrase I heard a lot from oriental neighbors when I visited their homes: "eat rice". I came to realize that it was their cultural version of "break bread". There are other cultural variations as well some good and some bad. I tended to look for the good however and usually I was lucky enough to find what I looked for. Our American culture is the same a mixture of the good and the bad. Its funny how we find what we look for in any culture. I hope I can always find the good,
I heard a lot from oriental neighbors when I visited their homes: "eat rice". I came to realize that it was their cultural version of "break bread".
The Cambodian language uses the same word for its nouns meaning 'rice' and 'meal'.
The Cambodian language uses the same word for its nouns meaning 'rice' and 'meal'.
Sounds tricky.
"But Mom, I'm sick of rice. I don't want any more."
"Fine. No more food for you!"
"But Mom, I'm sick of rice. I don't want any more."
"Fine. No more food for you!"
Trust me, the sad fact is that for many that would not be a joke. :(
I read an Indonesian newspaper article recently on the results of a survey on spending by villagers. I do not recall the order, but the largest items in many families' budget are: housing, rice, sugar, cooking oil (cheap and lethal palm oil), cigarettes, and tempeh.
Tempeh is a local speciality. Soy beans have extremely hard shells. [I tried boiling them once; after three hours they could still be used a substitute for lead shotgun pellets.] Tempeh is made by soaking raw soy beans in a liquid with a fungus that breaks down the shells an produces an edible lump. It is the primary source of protein for many villagers.
There is one difference in the largest items in the budgets of city-dwellers: chicken replaces tempeh.
oriental neighbors when I visited their homes: "eat rice". I came to realize that it was their cultural version of "break bread". There are other cultural variations as well some good and some bad.
where I worked one "ate salt" but I think that had a slightly different connotation
where I worked one "ate salt" but I think that had a slightly different connotation
Those customs are so old its probably impossible to find their actual date of origins. Even the true meanings behind them in many cases seems to have been lost. I did notice that unless you were both trusted and respected. The phrases were never used, almost like that trust and respect were a requirement for some reason. I do know I always felt like I had to earn that trust especially since I never thought I deserved it.
For SOL, the age limit is 14 (i.e. you can't include sex scenes with anyone below that age). In the U.S., there's really NO limit, but occasionally an overly-aggressive prosecutor has been known to force the issue in order to create an issue for them to run on in order to gain a higher post (most typically, something in Congress). And while the Supreme Court will typically rule against those cases, few authors have the available funds to fight a court case all the way to the Supreme Court, so they typically accept a guilty plea just to avoid bankrupcy.
For publishing, it depends on the publisher, but few sites (Amazon, B&N, Apple, etc.) will allow anything featuring anything with anyone younger than 18. That isn't to say such stories don't exist. In fact they're rife across all the platforms, but if anyone chooses to file a complaint, they'll delete it faster than you can bat an eyelash, with virtually no appeal.
there's really NO limit, but occasionally an overly-aggressive prosecutor has been known to force the issue in order to create an issue for them to run on in order to gain a higher post (most typically, something in Congress).
I doubt you can actually produce any cases of stories charged as child porn out side of the one year the US "virtual child porn" ban was in place.
Yes cases involving pedo stories get prosecuted, but:
1. They are prosecuted under obscenity laws, not under the child pornography laws. The legal standards and first amendment issues in obscenity cases are drastically different than in child pornography cases.
2. The cases that are prosecuted, (plea deal or no) almost always involved content beyond simple sex (violent rape, torture, bestiality, ...)
We just lost (as of yesterday) one promising new writer (4 or 5 stories in) who'd decided to forgo that nicety. Someone complained and she was asked to fix it. Unfortunately, she's busy with a new job and couldn't afford to take the time to review all her stories and rewrite them, so she pulled her entire SOL library instead. :(
We just lost (as of yesterday) one promising new writer (4 or 5 stories in) who'd decided to forgo that nicety. Someone complained and she was asked to fix it. Unfortunately, she's busy with a new job and couldn't afford to take the time to review all her stories and rewrite them, so she pulled her entire SOL library instead. :(
I read her blog too, but at the time of this post, I can still access all her stories.
I read her blog too, but at the time of this post, I can still access all her stories.
I emailed her about it and got the following response:
As it turns out, my three editors -- Thorny, Steve, and Mike -- negotiated a deal with the moderator. They have a week to rewrite any questionable sex scenes. They are, I understand, frantically doing just that. So ... Winter's Universe may just survive.
Hopefully they don't disappear.
I read her blog too, but at the time of this post, I can still access all her stories.
She didn't have time to make the changes herself, but her editors talked her out of it, assuring her they'd make the necessary changes and convincing Lazeez to wait before taking any drastic action (like deleting her stories and all her accumulated scores).
She and I share several editors. ')
I am working toward expanding "The Young Immortal" into a series of short stories and will be doing an origins story.
As he was born in the 7th century A.D. and married at 13 I had thought a wedding night scene would be cute. But that's out unless I do an edit of the original.
Plus, my muse seems to be gravitating toward fluff pieces at the moment. You know, adolescent wish-fulfillment stories with some revenge and such thrown in.
What I find interesting is that those pieces score just as high or higher than those I bust my ass on. I'll still write both but it makes me go "What the hell?"
The world currently is a shitty place. Some fluff and wish-fulfillment works wonder for the soul. Especially if the baddies get their ass kicked.
You got that right. One of the Old Norse names for the Earth is Life Struggle. It always has been a shitty place and always will be. What brief happiness there is is what we make for ourselves and each other.
It always has been a shitty place and always will be.
Living without your intestines and what they produce would be difficult. Sure Happy Its Tuesday.
Sure Happy Its Tuesday.
Are you sure?
My computer is telling me the time for everyone on this planet is between just before 8AM on either Wednesday or Thursday.
My computer is telling me the time for everyone on this planet is between just before 8AM on either Wednesday or Thursday.
Um no. Per the time stamps on you post it wast done at 11:50 AM Wednesday 2/7/2018 by my local time.
Um no. Per the time stamps on you post it wast done at 11:50 AM Wednesday 2/7/2018 by my local time.
Um yes. You must be in the US Central time zone (UTC - 6:00). I posted that at 12:50 AM Thursday 08-Feb-18 in my time zone (UTC + 7:00).
It's Richard who doesn't know what day and/or planet he's living in.
Time zones cover more than a 24-hour span: https://en.m.wikipedia.org/wiki/List_of_UTC_time_offsets
Time zones cover more than a 24-hour span: https://en.m.wikipedia.org/wiki/List_of_UTC_time_offsets
But everywhere on the planet was in either Wednesday ot Thursday at the time I made my post.
But everywhere on the planet was in either Wednesday ot Thursday at the time I made my post.
But that isn't what you said in your original post.
But everywhere on the planet was in either Wednesday ot Thursday at the time I made my post.
With all the time travel and post-lives stories on this site, and we're still arguing over whether something happened today or yesterday?
Cut the fella some slack!
The world currently is a shitty place. Some fluff and wish-fulfillment works wonder for the soul. Especially if the baddies get their ass kicked.
I've been going in the opposite direction for some time, as my—and my characters' worldviews—grow progressively darker and darker.
I started out killing off my main characters, and quickly transitioned to killing off every character (in one story). Luckily, I've sworn off that tactic, but in those stories, the protagonists were always extremely optimistic. Now, even though I'm killing off fewer characters, the primary characters are very pessimistic about their futures and the general state of the world. :(
As he was born in the 7th century A.D. and married at 13 I had thought a wedding night scene would be cute. But that's out unless I do an edit of the original.
simple fix: add in a short couple of lines about "my parents delayed filing my birth for almost a full year, so I'm actually a full older than my official age."
It's actually not that uncommon, as I know several people who ran into that in Jamaica(hardly an underdeveloped country)—my ex-wife included—but it's mostly the poor having no desire to travel to the city just to file paperwork, waiting until they need to travel there for some other reason. But right there, your character can be both 13 and fourteen at the same time. Of course, I wouldn't try it twice in the same story, so he'll have to keep his harem strictly above 14! 'D
It's actually not that uncommon
It's not that uncommon now. However in 7th C AD as governments weren't officially tracking births the way they do now, so it would be a moot issue.
As he was born in the 7th century A.D. and married at 13 I had thought a wedding night scene would be cute. But that's out unless I do an edit of the original.
Don't give the age as such. Instead say he or she was considered an adult in their culture. This means also that any descriptions have to be carefully done so they do not appear as close to underage as well. The differences between time periods and/or cultures cause many potential problems for writers.
Instead say he or she was considered an adult in their culture.
Darian, you could imply the culture does not have any concept of age. Instead, every year there are two ceremonies, when all boys, then all girls, who are "ready" go through some rite of passage into adulthood.
The timing could be perhaps on successive full moons after an equinox or such.
I hear you. I just hate kissing politically correct ass. I KNOW people who married at thirteen and while I'm no historian I do try to have some semblance of facts as I'm aware of them.
My only desire in this issue is not to make waves for our esteemed webmaster. He has given us a great gift. I don't know of any other place I could post my work that is as well maintained as this one. The few rules he asks us to obey are trifling compared to the freedom he gives.
I don't see why you shouldn't have a wedding scene. Just be careful not to step over the line when physically describing the participants.
A wedding consummation scene would be a different matter. Perhaps if mentioned as a past event it might be okay, provided there are no salacious details.
AJ
My only desire in this issue is not to make waves for our esteemed webmaster
I definitely can and do respect that. We all have to help him keep this site active and safe. What ever method you work out should be okay. But if there is any doubt then refer it to him for his decision. All anyone can do in these forums is to advance the different options as we see them, Mine are no where near the end of the options, just one of the many different paths discussed. Some are better than others however.
As he was born in the 7th century A.D. and married at 13 I had thought a wedding night scene would be cute. But that's out unless I do an edit of the original.
Don't give the age as such. Instead say he or she was considered an adult in their culture.
There's no problem with such a scene in any regard, UNLESS you include a subsequent bedroom scene. There's no problem with you writing about his BEING married. You just can't provide any solicitous details about what it involved (i.e. no descriptions of how he made love with a thirteen year old). I'd include it, as it's likely to define who the character is. It sounds like a good idea for the story.
The actual descriptive sex act might not be needed anyway. Sometimes the suggestion of the act occurring is much better anyway. For example a married couple cuddled up in bed. No sex act needs to be described.
Regardless of the method used. When ever there is any doubt as to what is permitted or not. ALWAYS ask Lazeez. We all readers and writers need to help protect the site. Laz can not possibly have enough time to check every story out no matter how fast he reads. Its up to everyone to try and keep the site safe so it will remain available for both the readers and the writers.
I know he will check a story out if I have doubts that I ask him about it.
It is my understanding that under US law a person can be prosecuted for any action carried out anywhere in the world if it would be against American law and further, the person need not be an American citizen. There have been cases of Brits being extradited to the US for actions legal in the UK and carried out in the UK, apparently illegal in the US and where US corporations were involved.
It is my understanding that under US law a person can be prosecuted for any action carried out anywhere in the world if it would be against American law and further
Not quite. Not all federal laws apply extraterritorialy. There are however some federal laws that were explicitly written to apply to all US citizens even when they are outside the territory of the US.
There have been cases of Brits being extradited to the US for actions legal in the UK and carried out in the UK
I am going to assume that's an urban myth until I see some examples. Perhaps, do not dare enter the US after doing that elsewhere, but not extradition from the UK for something done there and legal by their law???
I am going to assume that's an urban myth until I see some examples. Perhaps, do not dare enter the US after doing that elsewhere, but not extradition from the UK for something done there and legal by their law???
There are US laws governing corporate actions where corporate officers of companies incorporated in the US can be prosecuted individually for the violations, the big one revolves around bribery in foreign countries regardless of it's legal status under local law where the bribery occurred.
I used to work for a company a UK based company. The UK has a very similar law that would allow a US citizen working for a UK based company in the US to be prosecuted for a violation of that law in the UK.
So it's not all that implausible, and it's not unique to US law either.
There are US laws governing corporate actions where corporate officers of companies incorporated in the US
I didn't consider the significance of "where US corporations were involved" on the end of sejintenej's post.
If it had said earlier "Brits acting for US corporations" I wouldn't have questioned that.
There have been cases of Brits being extradited to the US for actions legal in the UK and carried out in the UK, apparently illegal in the US and where US corporations were involved.
On the other hand, Brit hackers can never be extradited to the US for hacking into and causing damage to US government sites because they all have previously undiagnosed Asperger's Syndrome.
AJ
It is my understanding that under US law a person can be prosecuted for any action carried out anywhere in the world if it would be against American law and further, the person need not be an American citizen.
Under International Law they can't do that. However, there are a few cases where the circumstances may make it seem that way.
1. Some US Federal laws are written such they can apply to a US citizen anywhere in the world.
2. Some laws are written so they can apply to anyone in the world when they commit a crime on US soil via a remote means. Hacking into a US based computer from Europe is one such type of situation. Activities done on US based servers are another such example.
The few cases where I've seen people being extradited to the USA from outside the country have been where they were involved with crimes occurring within the USA either remotely, directly, or as part of a conspiracy.
1. Some US Federal laws are written such they can apply to a US citizen anywhere in the world.
It isn't just the US. Many other nations have laws that apply (at least to their own citizens) extraterritorially.
One big example is counterfeiting currency. Most countries anti-counterfeiting laws apply to counterfeiting their currency, no matter where the counterfeiting is done.
It isn't just the US. Many other nations have laws that apply (at least to their own citizens) extraterritorially.
I never said they didn't, I just responded to another poster speaking about US law, so i restricted it to US law. Feel free to expand it as far as you want.
I never said they didn't,
However, since such extraterritorial laws exist in many nations, your claim that they are somehow prohibited by international law is highly suspect.
However, since such extraterritorial laws exist in many nations, your claim that they are somehow prohibited by international law is highly suspect.
Under International law it is prohibited for one country to make a law that affects someone in another country without it being related to an action in the country making the law or them being a citizen of the country making the law.
In the action of counterfeiting where the money is made in another country the legal action is taken in the other country under the laws of the other country. So if Francois in France is making fake US $10 bills and he doesn't send them to the US but is is caught at it he'll be charged under the French law not the US law. If he ships them to a friend in the USA for distribution he can be done under the US law for conspiracy with counterfeiting in the USA.
Many countries have laws that prohibit their citizens from being mercenaries in other countries. So an Australian who works as a mercenary in Afghanistan can be charged under Australian law for doing so (the US has a similar law). However, a person from New Zealand who works as a mercenary in Afghanistan can't be charged under Australian law because he and the event have no link with Australia. Mind you, some of the countries with the anti-mercenary laws have an exception for people hired as armed bodyguards by approved companies and individuals, because there is a legal difference between an armed bodyguard and a mercenary that revolves around the type of work and the status of the employer.
However, since such extraterritorial laws exist in many nations, your claim that they are somehow prohibited by international law is highly suspect.
My understanding of the relatively recent Australian anti-child porn law (granted, I haven't reviewed it recently) is that anyone who writes such a story can be prosecuted anytime they step inside the country, whether their Australians or not. And according to one thread here, the same applies to any author who does not file a copy of their publications concerning Australia (though I still find that extremely hard to believe)!
Australian anti-child porn law ... anyone who writes such a story can be prosecuted anytime they step inside the country
AFAIK, that would certainly be so if they are carrying any digital or printed copy with them. Beyond that, I've no idea.
AFAIK, that would certainly be so if they are carrying any digital or printed copy with them. Beyond that, I've no idea.
I was basing my comment on my initial reading of the Australian law, which I haven't reviewed since it was first put into effect, so I may have forgotten certain nuances. However, if Australia puts your work on a 'watch list', you COULD be arrested as soon as you set foot in the country, whether you're a citizen of Australia or not!
if Australia puts your work on a 'watch list', you COULD be arrested as soon as you set foot in the country, whether you're a citizen of Australia or not!
Of course they would have to link your penname to the name on your passport.
Of course they would have to link your penname to the name on your passport.
Many of us write under our actual name. While Crumbly Writer doesn't have a passport, I make no attempt to hide who I am (including putting my full name on each book, and on the SOL stories I post).
Plus, I wouldn't count on 'online anonymity' to protect you from prosecution. :(
My understanding of the relatively recent Australian anti-child porn law (granted, I haven't reviewed it recently) is that anyone who writes such a story can be prosecuted anytime they step inside the country, whether their Australians or not. And according to one thread here, the same applies to any author who does not file a copy of their publications concerning Australia (though I still find that extremely hard to believe)!
In the case of some jurisdictions, somebody else having brought "your material" into their jurisdiction and getting caught could be grounds for them to pursue a prosecution against you. Even if that means waiting for you to turn up on their doorstep rather than seek to extradite you.
A sovereign nation has the right to prosecute crimes under the nation's law if either
A) The crime was commited within the territory of the nation. In which case the nationality of the accused is irrelevant.
Or
B) A crime under the criminal law of the nation was commited by a legal citizen of the nation. In which case the national territory where the crime was committed is irrelevant.
That's nothing specific to the USA or Australia; it's a principle of international law. (Note the term 'principle', which in context with the law always means there are exceptions.)
An extension of the circumstances you addressed in A and B would logically be that a sovereign nation does not have the right to prosecute actions committed by the citizens of other nations while they were in another nation. I'm not familiar with international law, but it seems logical.
I am curious about international law in regard to distribution. Assume an author were to distribute printed copies of a story to nations outside of Australia. If a person who purchased a copy carried it with them into Australia would that be considered distribution and if so who would be guilty of the crime.
A second issue would be electronic distribution. An author enters into an agreement with Amazon to sell their book. Amazon uses its distribution system to sell the book to citizens of a nation other than the US where the sale of the story is illegal. Who is the distributor - Amazon, the author, or both?
I am curious about international law in regard to distribution. Assume an author were to distribute printed copies of a story to nations outside of Australia. If a person who purchased a copy carried it with them into Australia would that be considered distribution and if so who would be guilty of the crime.
The person bringing it in would be the one charged, not the author or the printer.
Also, while many people are put on a watch list, they have to have done something against the law in Australia before they can be arrested. What is far more likely is they'll be refused a visa and entry denied for actions outside of Australia.
Edit to add: of course, if they're denied a visa and travel here, anyway, then they can be arrested and charged with unlawful entry.
Edit to add: of course, if they're denied a visa and travel here, anyway, then they can be arrested and charged with unlawful entry.
If anyone is denied an entry visa and travels to a country anyway, they deserve to be arrested.
Out of curiosity, could Australia force SOL to provide the real names of the authors who post stories on SOL. I doubt it, but strange things have happened when a country wields its power to invade the privacy of individuals.
Out of curiosity, could Australia force SOL to provide the real names of the authors who post stories on SOL. I doubt it, but strange things have happened when a country wields its power to invade the privacy of individuals.
I've not seen any law allowing them to do that because SoL is in another country. I know they can do it if the site is in Australia, but not overseas. Mind you, the government has gotten into the trend of passing laws and never announcing them. This decade they started passing laws to make previously legal thing unlawful and not give people any notice, time, or warning about the change.
Out of curiosity, could Australia force SOL to provide the real names of the authors who post stories on SOL.
The key term for the answer to this question is 'letters rogatory'.
'letters rogatory'
Nice to know. However a letter from a judge in one country requesting the assistance of a judge in a second country is not forcing the other country to do something. Especially when the request can be denied.
Nice to know. However a letter from a judge in one country requesting the assistance of a judge in a second country is not forcing the other country to do something. Especially when the request can be denied.
That's true but 'letters rogatory' are usually not just simple requests. The requested assitance is usually a contractual obligation, based on bilateral- or multinational treaties. Otherwise, no one would even bother to ask for assistance.
Out of curiosity, could Australia force SOL to provide the real names of the authors who post stories on SOL.
But when a nation voluntarily complies with a contractual obligation, it is not being forced to do so.
Force was the key word in my original comment.
Out of curiosity, could Australia force SOL to provide the real names of the authors who post stories on SOL.
In this particular instance, the power Canada has in regard to compelling its citizens/businesses to reveal such information would have to be considered.
But when a nation voluntarily complies with a contractual obligation, it is not being forced to do so.
Voluntary complying with a contract obligation? I think that's a rather strange point of view and doesn't match my definition of 'voluntary', but it's not worth to argue about it.
An extension of the circumstances you addressed in A and B would logically be that a sovereign nation does not have the right to prosecute actions committed by the citizens of other nations while they were in another nation. I'm not familiar with international law, but it seems logical.
Yes, that's a correct conclusion.
Assume an author were to distribute printed copies of a story to nations outside of Australia. If a person who purchased a copy carried it with them into Australia would that be considered distribution and if so who would be guilty of the crime.
The answer to that question depends on the law of the nation in question. I presume Ernest's answer is correct but that's just no more than an educated guess at best. I'm not versed in Australian law. In some countries already the distribution of 'porn' beyond national borders is prohibited.
A second issue would be electronic distribution. An author enters into an agreement with Amazon to sell their book. Amazon uses its distribution system to sell the book to citizens of a nation other than the US where the sale of the story is illegal. Who is the distributor - Amazon, the author, or both?
The same lack of explicit knowledge also prevents me from answering this question. However, in this case the author's liability will not only depend on national laws but especially on the distribution contract between Amazon and the author.
The same lack of explicit knowledge also prevents me from answering this question. However, in this case the author's liability will not only depend on national laws but especially on the distribution contract between Amazon and the author.
Because of their size, their economic influence and their political donations, most courts have sided with large companies like Amazon over the rights of individual nameless authors, thus generally, the individual authors are held responsible for the books that Amazon sells. :( In other words, Amazon isn't held responsible for what 'third party contractors' post on their site.
In other words, Amazon isn't held responsible for what 'third party contractors' post on their site.
1. That has nothing to do with the courts, there is a specific law passed by Congress that makes Amazon and others in similar positions not responsible for third party content.
2. It isn't just about the big players. Before the law in question was passed, a lot of small blogs without the manpower or resources to police/moderate comments were getting hit with defamation lawsuits (many filed by big companies) over statements made by third party commenters in response to a blog post.
